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On September 18, 2015, the U.S. Environmental Protection Agency ordered Volkswagen to fix almost 500,000 of its diesel cars that the EPA said contained technology designed to fool emissions testing.

Specifically, according to the EPA, the cars contained technology that sensed when a car was being tested for emissions, and changed the car’s output of nitrogen oxide for the duration of the test. When the test was over, the car would revert to emitting more pollutants than allowed by law. According to the EPA, current scientific evidence links nitrogen oxide exposure with adverse respiratory effects including airway inflammation in healthy people and increased respiratory symptoms in people with asthma.

The EPA said it would give VW a reasonable time to fix the problem by recall, noting that it could take VW up to a year to come up with an appropriate recall plan. The EPA also noted that the affected cars are safe to drive.

Commenting on the news, Milberg attorney Andrei Rado stated as follows: “What makes this truly stunning is VW’s effort at pushing “clean diesel” technology and advertising their diesel cars to environmentally conscious consumers, and selling them at a huge premium to comparable non-diesel models, all the while knowing their cars can’t pass U.S. emissions testing without cheating. One would expect an international car company with pretensions of environmental responsibility to behave better than this.”

According to the EPA, the affected models are:

Model years 2009 to 2015:

Jetta

2009 to 2015 diesel models

Beetle

2009 to 2015 diesel models

Golf

2009 to 2015 diesel models

Audi A3

2009 to 2015 diesel models

Passat

2014 to 2015 diesel models

Milberg LLP, a consumer and investor protection law firm, is investigating potential actions against VW as a result of this news. Consumers have paid premiums of thousands of dollars for models of VW cars with “clean diesel” engines because VW deceptively advertised these as environmentally friendly. An action would seek compensation for the consumers that bought these cars for thousands more than comparable non-diesel VW models and cars from other manufacturers.

If you own one of the affected models, and want to learn more, please fill out the form on the right or contact the following attorney: